Full text of Act No 407 / 2003 Coll.
Full text of Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammo and Pyrotechnic Articles and on the Amendment to Act No. 288 / 1955 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended
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28.11.2003
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407
PRESIDENT OF THE GOVERNMENT
Announces
the full text of Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammo and Pyrotechnic Articles and on the Amendment to Act No. 288 / 1995 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as resulting from the amendments made by Act No. 119 / 2002 Coll. and Act No. 227 / 2003 Coll.
Parliament has decided on this law of the Czech Republic:
VERIFICATION OF MULTIPLE COLLECTION, SYLENCES AND PYROTECHNICAL PRODUCTS
BASIC PROVISIONS
Subject matter
This law governs
(a) the rights and obligations of manufacturers, importers, exporters, distributors and repairers of firearms, ammunition or pyrotechnic articles ("controlled persons"), as well as the holders of weapons licences for their verification;
(b) the performance of the state administration in the verification of firearms, ammunition and pyrotechnic articles, the provision of tasks arising from the international treaty, which the Czech Republic is bound by, (4) and the control activities related thereto.
Basic concepts
(1) For the purposes of this Act:
(a) controlled products of specified firearms, specified ammunition and pyrotechnic articles;
(b) verification of the activity at which the technical tests, measurements and tests are carried out to identify the characteristics of the products checked, the conformity with the technical requirements laid down therein (§ 4) and the marking of those products by test marks (§ 19), as well as verification of whether they are explosive, explosive article or pyrotechnic article, 4a)
(c) by the manufacturer who makes controlled products or essential parts thereof, or is referred to as the manufacturer by providing them with his trading firm under which he is registered, or by the name, trade mark or other distinguishing sign, or by whoever modifies them;
(d) the importer who imports controlled products into the Czech Republic or represents the manufacturer if the manufacturer is not in the Czech Republic,
(e) by the distributor, the seller of the controlled products mediates their sale or otherwise provides them to users, even if its activities do not directly affect the characteristics of the controlled products;
(f) the exporter who exports the controlled products from the Czech Republic,
(g) by the repairer, who, in particular, removes defects in specified firearms, changes their characteristics by order or performs their maintenance, modification, assembly or adjustment;
(h) the placing on the market of controlled products at the moment when controlled products are handed over or offered for distribution or use by the manufacturer, importer, distributor or repairer in the Czech Republic on a fee or charge.
(2) The types of firearms and parts thereof subject to verification (4b) (hereinafter referred to as "specified firearms") are:
(a) firearms which are:
1. shotgun weapons,
2. Ball guns,
3. weapons equipped with ball and shotgun bases ("combined weapons"),
4. limited kinetic energy weapons;
5. disposable weapons,
6. historic weapons, replicas and imitation of historic weapons which are capable of firing;
7. ballistic gauges designed to detect ballistic values (e.g. pressure, dispersion, missile speeds),
8. signal weapons,
9. narcotics weapons,
10. Expansion apparatus for which the primary source of energy is an explosive substance (cutting, injection, moulding, metal and the like),
11. expansion weapons, which are acoustic weapons, gas and granular weapons,
(b) gas weapons which are:
1. aircrafts,
2. Winches,
3. carbon dioxide or other gas or air cartouche weapons;
4. paintball weapons,
5. Metallic weapons,
6. narcotics weapons,
7. expansion apparatus for which the primary source of energy is gas,
(c) parts of firearms, which are essential parts of weapons, as well as the days' screws of firearms charged by the mouth.
(3) The types of ammunition and parts thereof subject to verification (4c) (hereinafter referred to as "specified ammunition") are:
(a) ammunition for firearms which are:
1. industrial or industrial charge,
2. industrial missiles,
3. industrial casings,
4. industrial matches,
(b) ammunition for expansion devices, which are:
1. industrially manufactured work casings,
2. Dust tablets
(c) Expansion weapons ammunition:
1. industrial acoustic casings,
2. Industrial gas casings,
3. industrial casings with granules,
(d) gas-fired ammunition - industrial missiles,
(e) discharge charge - ammunition (free and black powder) intended for use in ammunition and firearms;
(f) parts of ammunition necessary for assembly of the cartridge or cartridge, provided that they are placed on the market separately.
(4) Pyrotechnic articles subject to verification are articles which contain pyrotechnic articles or explosives and which are intended for entertainment or technical purposes and are classified in Class I of Annex A to the International Convention for the Transport of Dangerous Goods (5a).
(5) The verification shall also be carried out on the main parts of pyrotechnic articles, in particular explosive charges, which are essential for their production, provided that they are placed on the market separately.
This law does not apply to:
(a) specified firearms and ammunition intended for research, development and testing purposes, provided that the Czech Office for the Testing of Weapons and Weapons (hereinafter referred to as the Office) confirms that designation;
(b) mechanical firearms;
(c) controlled products which are acquired into possession and held in the arms of the armed forces of the Czech Republic, 5b) armed security corps, armed customs services, intelligence services of the Czech Republic, or armed forces or consortia of other States when they are present in the territory of the Czech Republic, crossing the national borders of the Czech Republic and transit through the territory of the Czech Republic or crossing the territory of the Czech Republic under special legislation 5c) or under an international agreement binding the Czech Republic;
(d) controlled products manufactured or imported for the purposes of the Office in order to ensure its activities as provided for in Article 17;
(e) ammunition for firearms which, for their own use, have been manufactured by persons authorised to do so under special legislation, provided that they have been made up of parts of ammunition complying with the provisions of this law;
(f) firearms held for museum or collector's purposes or activities, 5d) which are not intended or used for shooting and have been registered for such purposes or activities by the competent police department.
Technical requirements for controlled products
(1) The technical requirements for controlled products (hereinafter referred to as "the specified technical requirements") are deemed to be met if, when placed on the market and for the duration of their use, they comply with the requirements laid down by the legislation or, in the absence of such legislation, they meet the requirements laid down by Czech technical standards. Such products shall be able to fulfil the function for which they are intended and shall not endanger the health, life or property of their users or the natural environment (hereinafter referred to as "safety '), subject to conditions specified by the manufacturer or importer.
(2) After verification, compliance with the stated technical requirements for the products checked is expressed by a test mark (§ 19 (1)).
VERIFICATION OF CHECKED PRODUCTS
Verification of specified firearms
(1) Verification of specified firearms is carried out in the form of:
(a) approval;
(b) unit verification; or
(c) repeated unit verification.
(2) The verification referred to in paragraph 1 (a) to (c) shall not be carried out in respect of imported specified firearms before they are placed on the market, provided that they are marked on the basis of an international contract which is binding on the Czech Republic. 4)
(1) Homologation of specified firearms is a procedure whereby, after verifying two pieces of each type of specified firearms, a certificate of homologation is issued showing that:
(a) the type of specified firearm complies with the specified technical requirements;
(b) the technical and accompanying documentation is complete [Paragraph 18 (3) (a)]; and
(c) the checked person shall have calibrated meters and instruments and shall have a technical control system to the extent provided for in the Decree of the Ministry of Industry and Trade (hereinafter referred to as "the Ministry").
In the event that one of those requirements is not met, the Office shall refuse to issue a certificate of approval of a specified firearm.
(2) Homologation is subject to specified firearms
(a) firearms intended to be used for the firing of cartridges of a type of flexert with a cartridge chamber diameter up to and including 5 mm and a length up to and including 15 mm, or which have a cartridge chamber with a diameter and length of up to and including 6 mm, with a single drive load of the projectile giving power to the mouth, principally up to and including 7,5 J;
(b) expansion weapons and expansion devices designed for ammunition with an edge fire of up to and including 6 mm and a casing length of up to and including 7 mm;
(c) gas weapons for which the kinetic energy of the missile is mainly up to and including 10 J at the mouth.
(3) Homologation shall not be subject to the specified firearms referred to in paragraph 2 if the same manufacturer or importer places on the market a maximum of five weapons in one year; in which case they shall be subject to unit verification.
(4) The validity of the certificate of approval shall expire, unless otherwise specified, on the date indicated on the certificate, but not later than two years from the date of issue. No later than three months before its expiry, the manufacturer or importer may apply for an extension of the certificate for a maximum period of two years. To this end, it shall request a partial verification of five pieces of each type of approved firearm to determine whether those types comply with the specified technical requirements.
Part-time verification of specified firearms is a procedure whereby the marking of each specified firearm is verified and demonstrated by a test mark for a partial verification that the firearm complies with the specified technical requirements. Part-time verification shall be carried out on all specified firearms except those approved. The Ministry shall determine the details of the Office's progress in the mass verification of specified firearms by decree.
Repeated partial verification of specified firearms is a procedure identical to that of unit verification and is carried out in cases where the specified firearm does not comply with the specified technical requirements for unit verification and is returned to the manufacturer or importer after marking the Authority's identification mark (§ 19). When the specified technical requirements are met, the specified firearm shall be marked with a test mark for unit verification. The Ministry shall determine the details of the Authority's progress in the re-verification of specified firearms by decree.
Verification of specified ammunition
(1) Verification of the specified ammunition is carried out in the form of:
(a) type checks; or
(b) inspection checks.
(2) The verification shall not be carried out on the imported specified ammunition before it is placed on the market if it is marked with test marks on the basis of an international contract, which is bound by the Czech Republic .4)
(1) Type-control of a specified ammunition is a procedure whereby it is verified and demonstrated by issuing a certificate of type-control of ammunition that:
(a) the type of ammunition complies with the specified technical requirements;
(b) the technical and accompanying documentation is complete; and
(c) the checked person shall be required to carry out the production control to the extent provided for by the Ministerial Decree.
In the event that one of those requirements is not met, the Authority shall refuse to issue a type-control certificate for the specified ammunition.
(2) The certificate of type-control of ammunition expires, unless otherwise specified, on the date indicated on the certificate but no later than 3 years after the date of issue, unless it requests, before the expiry of the certificate of inspection of the specified ammunition, the manufacturer or importer.
Inspection control of the specified ammunition is a procedure by which it is verified that the specified technical requirements under which the type control certificate for ammunition has been issued are met. Where such verification reveals deviations from the specified technical requirements, the certificate shall be withdrawn in the administrative procedure. Where the specified technical requirements are met, the validity of the certificate shall be extended for a maximum period of 3 years.
Verification of pyrotechnic articles
Verification of pyrotechnic articles shall take the form of:
(a) type tests; or
(b) re-verification.
(1) The type test to be carried out on all pyrotechnic articles is a procedure whereby the sample of pyrotechnic articles is verified and demonstrated by the issue of a type test certificate that:
(a) the type of pyrotechnic article complies with the specified technical requirements;
(b) the technical and accompanying documentation is complete;
(c) the inspected person shall have a technical control system to the extent provided for by the Ministerial Decree.
Where one of those requirements is not met, the Authority shall not issue a type test certificate for a pyrotechnic article.
(2) The certificate of type-examination of a pyrotechnic article expires, unless otherwise specified, on the date stated on the certificate but no later than three years after its issue. At the latest three months before its expiry, the manufacturer or importer may request that the pyrotechnic article be re-verified and the certificate extended.
Repeated verification of pyrotechnic articles is a procedure whereby it is verified on the type of pyrotechnic article whether it still complies with the specified technical requirements on the basis of which the type test certificate was issued. If this verification finds that it does not meet these requirements, the type test certificate shall be withdrawn in the administrative procedure. When the specified technical requirements are met, the validity of the certificate shall be extended by a maximum of three years.
Verification fees
(1) The operation associated with the verification of the controlled product (in particular the issue of the certificate, the designation of the product by the test mark) is subject to an administrative fee under specific legislation. 18)
(2) For professional activities related to the testing of firearms, ammunition, pyrotechnic articles, explosive articles and equipment for their use and to the testing of ballistic-resistant materials and structures, a remuneration shall be provided. The amount of remuneration shall be determined by the Ministry by decree.
Obligations of persons controlled and holder of a weapon pass
(1) The manufacturer, importer and exporter are obliged to:
(a) submit, before placing on the market or before export, controlled products for verification and placing on the market or exporting them only if they are verified and bearing a test mark;
(b) after issuing the certificate of approval, mark at least one of the essential parts of the firearm with the test mark specified in the certificate; where this is not possible, the Authority shall specify another appropriate means of identification,
(c) after issuing the certificate of type-control of ammunition, mark the external side of the smallest consumer packaging of the specified ammunition with the test mark indicated in the certificate and ensure, to the extent provided for by the Ministerial Decree, a production check to determine whether the technical requirements laid down in the manufacture are complied with and to keep a record thereof;
(d) after the type test certificate has been issued, mark the external side of the pyrotechnic article with the test mark given in the certificate and, if the dimensions of the pyrotechnic article do not allow it, the outer side of the smallest consumer packaging of pyrotechnic articles,
(e) leave a soft place to extract the appropriate test mark on the main parts of the weapons which are of metal; where this is not possible, the Authority shall establish an appropriate means of identification,
(f) inform the Authority in writing, within 30 days, of any changes in the manufacture of the products checked, provided that such changes may affect the characteristics of one of those products.
(2) The manufacturer is also obliged to:
(a) to procure controlled products by its trading firm or by its name, if it is a legal person, or by its name and surname, if it is a natural person, or by a trade mark and other particulars, provided that this is provided for in the Ministerial Order or in the Special Legislation, 18a)
(b) to allow the staff of the Office to enter the production premises and to provide them with the necessary synergies, including the use of test equipment, the provision of ammunition, test and administrative premises, provided that verification is carried out at his request at his premises. 18b)
(3) The distributor may only place on the market controlled products marked with a test mark. As regards pyrotechnic articles, their period of application shall not be exceeded.
(4) A repairer to whom an arms licence has been issued under a special law, 18c) is obliged to:
(a) carry out repairs and modifications to firearms in order to meet the technical requirements laid down; in the event of doubt, it shall submit to the Office in writing the procedure for the repair or modification of the firearms, unless otherwise specified below;
(b) present for verification a repaired firearm which has been replaced by one of the main components.
STATE MANAGEMENT ON CHECKED PRODUCTS
Administrative Office
(1) The Czech Office for the Testing of Weapons and Ammunition is hereby established as an administrative office with national jurisdiction based in Prague, which is subordinate to the Ministry.
(2) The Office shall be headed by a President appointed and dismissed by the Minister for Industry and Trade. The organisation of the Office shall be governed by the Statute of the Office, approved by the Ministry.
(3) Office
(a) carry out verification of the products checked;
(b) issue certificates under this law, decide to withdraw or refuse to issue certificates;
(c) ensure that the products checked are marked with test marks;
(d) carry out other professional activities related to the testing of firearms, ammunition, pyrotechnic articles, explosive articles and equipment for their use, and test ballistic-resistant materials and structures and issue findings thereof;
(e) decide in doubt on the classification of the type of weapon or ammunition in the category of weapons A to D, 19b)
(f) carry out other activities provided for by specific legislation, 19c)
(g) cooperate with administrative and territorial authorities in the field of delegation, as well as with other State bodies and bodies whose cooperation is necessary for the Office's activities. Where the Office finds, in its activities, facts on the basis of which measures are to be taken which are within the competence of other institutions, it shall notify those authorities.
(4) The Authority also
(a) decide whether to withdraw controlled products from the market because of a technical defect if they identify a proven threat to the health or safety of their users;
(b) fulfil the information obligations arising out of an international contract to which the Czech Republic is bound, 4)
(c) before verifying any specified firearm submitted for verification after repair or modification, assess the technological process of repair or modification in accordance with Article 16 (4);
(d) cooperate in the field of controlled products and ballistic-resistant materials and structures with similar foreign offices and testing facilities;
(e) organise, coordinate and carry out scientific activities, research and development related to professional activities;
(f) ensure inter-laboratory testing of reference materials for controlled products;
(g) provide technical information and carry out professional training;
(h) involved in the certification of quality management systems;
(i) retains and compares reference ammunition and reference piezoelectric sensors in the framework of the fulfilment of obligations arising from an international contract to which the Czech Republic is bound, 4)
j) involved in the development of Czech technical standards and regulations in the field of controlled products and ballistically resistant materials and structures.
(5) The Office by its authorised staff ("the inspectors of the Office")
(a) check that the obligations imposed by this law are fulfilled;
(b) impose fines for infringements imposed by this law;
(c) decide to prohibit the further treatment of controlled products if they do not comply with the conditions for placing on the market under this law or the technical requirements laid down under which verification has been carried out, or directly threaten safety;
(d) collecting administrative fees, fees (§ 15) and block fines.
(6) The Office shall keep records of firearms, ammunition, pyrotechnic articles and explosives, including the necessary equipment used in carrying out the verifications and for professional services.
(7) The staff of the Office who carry out verifications, professional or control activities under this Act, are required to remain silent about all the facts which they have learned about in connection with the verification of the products checked or in carrying out professional or control activities under this Act, even if they have ceased to be staff of the Office for a period of five years, unless otherwise provided by specific legislation.
Submission of controlled products to the Authority
(1) Anyone submitting to the Authority controlled products for verification (hereinafter referred to as "the petitioner") is required to indicate in a written request for verification:
(a) identification of the person;
(b) product type including derived variations with data
1. Species, brand, model and calibre for firearms,
2. species, make and calibre for ammunition;
3. the species and type number for the pyrotechnic article,
(c) in the case of imports, the name and registered office of the manufacturer;
(d) the type of activity required pursuant to § 6 (1), § 7 and 8, § 10 and 11, § 13 or § 14.
(2) The request is accompanied by specified firearms, specified ammunition, including consumer packaging, or pyrotechnic articles marked with data, the extent and details of which are determined by the Ministry by a decree. The number of pieces of ammunition or pyrotechnic articles in the sample submitted for verification shall be determined by the Ministry by a decree.
(3) The application shall also be accompanied by:
(a) technical and accompanying documentation to the extent provided for by the Ministerial Decree;
(b) documents confirming the accuracy of the information provided in the application.
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Regulation Information
| Citation | Full version of Act No. 407 / 2003 Coll., Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammo and Pyrotechnic Articles and amending Act No. 288 / 1955 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.11.2003 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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